Legal Question in Credit and Debt Law in New York

Collection Notice

Recently I received a letter from a collection agency saying that I owe money. I know that the debt was from at least 15 years ago. Around 6 or 7 years ago I made an attempt to pay the original bank back, but only made 1 payment because I couldn't afford to pay the rest(I wish I could remember that date, but I can't). What should I do? I know I need to call the collection agency and ask for some kind of proof that I owe anything. Will someone please give me a step by step approach about how to handle this whole situation.

Thank You!


Asked on 5/22/04, 9:05 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collection Notice

Write to them and demand proof of the debt and make sure you send the letter CERTIFIED MAIL return receipt requested. DO NOT TELL THEM ANYTHING OTHER THAN YOU HAVE NO KNOWLEDGE OF THE DEBT and want to see proof. If you admit the debt or make a payment against it...you will lose the benefit afforded by the STATUTE OF LIMITATIONS which is 6 years...from the last payment or admission...DO NOT OFFER TO SETTLE...if you don't screw up you will owe NOTHING. Don't talk to them on the phone they are expert at tricking you. If they call, write to them and tell them NOT TO CONTACT YOU AGAIN. If they call tell them to stop calling you and hang up. Keep copies of your letters and return receipts If they continue to bother you, you can sue them under the Federal Fair debt collction practices act...and that you can tell them...(ASK THEM FOR THEIR FULL LEGAL CORPORATE NAME)..that always scares them...

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Answered on 5/22/04, 9:28 pm


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